MURIEL BOWSER
MAYOR
June 1, 2023
Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Pursuant to section 451 of the District of Columbia Home Rule Act (D.C. Official Code § 1-
204.51) and section 202 of the Procurement Practices Reform Act of 2010 (D.C. Official Code §
2-352.02), enclosed for consideration and approval by the Council of the District of Columbia is
proposed Human Care Agreement No. CW101192 with Capital Care, Inc. in the not-to-exceed
amount of $1,882,343.19. The period of performance is from July 1, 2023 through June 30, 2024.
Under the proposed human care agreement, Capital Care, Inc. shall provide residential expenses
and services not covered by Medicaid for individuals with intellectual and developmental
disabilities.
In order to facilitate a response to any questions you may have regarding the proposed human care
agreement, please have your staff contact Marc Scott, Chief Operating Officer, Office of
Contracting and Procurement, at (202) 724-8759.
I look forward to the Council’s favorable consideration of this contract.
Sincerely,
Muriel Bowser
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
Pursuant to section 202(c) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Base Year)
(A) HCA Number: CW101192
Proposed Contractor: Capital Care, Inc.
Contract Amount (Base Period): Not-to-exceed (NTE) $1,882,343.19
Unit and Method of Compensation: Fixed Unit Price for each Person Served
Term of Contract: July 1, 2023 through June 30, 2024
Type of Contract: Human Care Agreement (HCA) which becomes a contract
for any issued task order(s).
Source Selection Method: Adhered to the procedures set forth in 27 DCMR §1905,
Human Care Services, through §1907
(B) For a contract containing option periods, the contract amount for the base period and for
each option period. If the contract amount for one or more of the option periods differs from
the amount for the base period, provide an explanation of the reason for the difference:
Base Period Amount: NTE $1,882,343.19
Option Period One Amount: NTE $1,895,130.01
Explanation of difference from base period (if applicable): Option period one pricing is adjusted
based on an increase in lease amounts of clients receiving supports from the contractor.
Option Period Two Amount: NTE $1,908,992.71
Explanation of difference from base period (if applicable): Option period two pricing is adjusted
based on an increase in lease amounts of clients receiving supports from the contractor.
Option Period Three Amount: NTE $1,923,063.34
Explanation of difference from base period (if applicable): Option period three pricing is
adjusted based on an increase in lease amounts of clients receiving supports from the contractor.
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Option Period Four Amount: NTE $1,938,216.03
Explanation of difference from base period (if applicable): Option period four pricing is
adjusted based on an increase in lease amounts of clients receiving supports from the contractor.
(C) The goods or services to be provided, the methods of delivering goods or services, and any
significant program changes reflected in the proposed contract:
Capital Care, Inc. shall provide residential services in the base year to approximately 67 District
citizens with intellectual and developmental disabilities. The residential expenses will be funded by
local appropriations in conjunction with residential habilitation or supported living occupancy-
related residential expenses funded by the Medicaid 1915(c) Home and Community Based Services
Waiver. Except for individuals not eligible for Medicaid, the HCA will cover room, board and
other occupancy-related expenses, while Medicaid covers direct care services including nursing
services, basic meal preparation, nutritional services, assessments, psychiatric services,
psychological services, care and maintenance of adaptive equipment, transportation to and from day
programs, medical and court appointments. This HCA provides a means of economic security and
survival in the least restrictive community setting for citizens with intellectual disabilities in the
District of Columbia.
(D) The selection process, including the number of offerors, the evaluation criteria, and the
evaluation results, including price, technical or quality, and past performance components:
A Request for Qualifications was issued under PASS/ARIBA Doc618139 on July 7, 2022. The
closing date for applications was set for July 18, 2022. Twenty-nine Medicaid Waiver providers
submitted applications in response to the FY 2022 request for qualifications. Of those, 19 awards
have been made. There are an additional nine that have been deemed qualified that do not yet have
an HCA. Capital Care, Inc is renewing an existing HCA.
The contracting officer certified the financial and professional responsibility of the contractor based
upon the criteria set forth in 27 DCMR §1905.4. Based upon the criteria outlined in §1905.4, the
ability to maintain the approval of its Medicaid waiver application by the Department on Disability
Services, Developmental Disabilities Administration, Office of Provider Resource Management and
the Department of Health Care Finance, and satisfactory completion of Provider Certification
Reviews for supported living and residential habilitation services, the contracting officer found the
contractor to be qualified for an HCA.
(E) A description of any bid protest related to the award of the contract, including whether the
protest was resolved through litigation, withdrawal of the protest by the protestor, or
voluntary corrective action by the District. Include the identity of the protestor, the grounds
alleged in the protest, and any deficiencies identified by the District as a result of the protest:
None
(F) The background and qualifications of the proposed contractor, including its organization,
financial stability, personnel, and performance on past or current government or private
sector contracts with requirements similar to those of the proposed contract:
(1) The contractor is a corporation organized for profit and incorporated in the state of Maryland
on January 1, 2005 for the purpose of providing residential and day program services to
persons with disabilities.
(2) The Department of Health Care Finance has determined the contractor qualified to receive the
Medicaid Waiver payments to provide residential habilitation and supported living services
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based on the qualifications of staff identified as critical to organizational performance which
include the Chief Executive Officer, Chief Operations Officer, Director of Nursing and
Executive Director. The Medicaid Waiver certification is a prerequisite to qualifying for the
HCA that covers occupancy-related expenses
(3) The contractor has the necessary financial resources to perform the required supports
according to a review of its Independent Accountant’s Review Report, prepared by Penan &
Scott, Certified Public Accountants and Consultants, dated October 5, 2022.
(4) The contractor has a satisfactory record of performance on District contracts based on the past
performance evaluation, dated January 1, 2023, prepared by the contract administrator, the
ongoing provider performance, and provider certification reviews.
(G) A summary of the subcontracting plan required under section 2346 of the Small, Local, and
Disadvantaged Business Enterprise Development and Assistance Act of 2005, as amended,
D.C. Official Code § 2-218.01 et seq. (“Act”), including a certification that the subcontracting
plan meets the minimum requirements of the Act and the dollar volume of the portion of the
contract to be subcontracted, expressed both in total dollars and as a percentage of the total
contract amount:
The Department of Small and Local Business Development approved the request for waiver of D.C.
Code § 2-218.46 subcontracting requirements on April 4, 2023.
(H) Performance standards and the expected outcome of the proposed contract:
The performance requirements and expected outcomes are set forth in detail in the HCA. The
contractor is required to adhere to all policies and procedures established by the Department on
Disability Services, as well as all applicable District, federal and other state and local governmental
laws, regulations, standards or ordinances, any other applicable licensing and permit laws,
regulations, standards, or ordinances as necessary for the lawful provision of required services.
The contractor is expected to provide a safe, home-like environment in the least restrictive setting
and dependable supports that are necessary for each person’s well-being, independence and social
inclusion, based on each person’s individual support plan, integrating individual preference, choice,
and desired outcomes of services, supports and related activities.
(I) The amount and date of any expenditure of funds by the District pursuant to the contract
prior to its submission to the Council for approval:
None
(J) A certification that the proposed contract is within the appropriated budget authority for the
agency for the fiscal year and is consistent with the financial plan and budget adopted in
accordance with D.C. Official Code §§ 47-392.01 and 47-392.02:
The Agency Fiscal Officer provided a Certification of Funding certifying that the funding for
the proposed HCA is available, as provided in the agency budgets and financial plans for
FY2023 and proposed FY2024 budget.
3
(K) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
The Office of the Attorney General has reviewed the proposed HCA for legal sufficiency. The
contractor has no legal claims pending against the District.
(L) A certification that Citywide Clean Hands database indicates that the proposed contractor is
current with its District taxes. If the Citywide Clean Hands Database indicates that the
proposed contractor is not current with its District taxes, either: (1) a certification that the
contractor has worked out and is current with a payment schedule approved by the District;
or (2) a certification that the contractor will be current with its District taxes after the District
recovers any outstanding debt as provided under D.C. Official Code § 2-353.01(b):
The Citywide Clean Hands database certified the Contractor as being in compliance with the Office
of Tax and Revenue and Department of Employment Services requirements on March 15, 2023.
(M) A certification from the proposed contractor that it is current with its federal taxes, or has
worked out and is current with a payment schedule approved by the federal government:
The contractor attests to compliance with federal tax filing requirements by signing the
Bidder/Offer Certification form.
(N) The status of the proposed contractor as a certified local, small, or disadvantaged business
enterprise as defined in the Small, Local, and Disadvantaged Business Enterprise
Development and Assistance Act of 2005, as amended; D.C. Official Code § 2-218.01 et seq.:
The contractor is not certified as a local, small, disadvantaged, resident-owned, long-time resident,
or enterprise zone-based business enterprise.
(O) Other aspects of the proposed contract that the Chief Procurement Officer considers significant:
None
(P) A statement indicating whether the proposed contractor is currently debarred from providing
services or goods to the District or federal government, the dates of the debarment, and the
reasons for debarment:
The contractor is not currently debarred from contracting with District or federal governmental
entities based on searches on the OCP Excluded Parties List, federal System of Award Management
database search and the Office of the Inspector General of the U.S. Department of Health and
Human Services database conducted on March 16, 2023.
(Q) Any determination and findings issues relating to the contract’s formation, including any
determination and findings made under D.C. Official Code § 2-352.05 (privatization
contracts):
The Determination and Findings for Human Care Agreement signed on November 22, 2021, Cost
and Price Reasonableness and Use of a Cost Reimbursement Contract signed on March 20, 2023
and Contractor Responsibility and Qualification signed on May 8, 2023.
(R) Where the contract, and any amendments or modifications, if executed, will be made
available online:
OCP website, www.ocp.dc.gov
4
(S) Where the original solicitation, and any amendments or modifications, will be made available
online:
OCP website, www.ocp.dc.gov
5
Ke KK Government
oftheDistrictofColumbia
mm —_(Ollice ofthe Chiet Financial Ofticer 1101 4" Street,
MEE —(Ollice of Tax and Revenue Washington,
Date of Notice: March 15, 2023 Notice Number: 0009315560 a
CAPITAL CARE, INC. FEIN: *#-*##7349
2401 BLUERIDGE AVE STE 301 Case ID: 1448690
SILVER SPRING MD 20902-4517
CERTIFICATE
OFCLEANHANDS
As reported in the Clean Hands system, the above referenced individual/entity has no outstanding
liability with the District of Columbia Office of Tax and Revenue or the Department of Employment
Services. Asof the date above, the individual/entity has complied with DC Code § 47-2862, therefore
this Certificate of Clean Hands is issued.
TITLE 47. TAXATION, LICENSING, PERMITS, ASSESSMENTS, AND FEES
CHAPTER 28 GENERAL LICENSE
SUBCHAPTER II. CLEAN HANDS BEFORE RECEIVING A LICENSE OR PERMIT
D.C. CODE § 47-2862 (2006)
§ 47-2862 PROHIBITION AGAINST ISSUANCE OF LICENSE OR PERMIT
Authorized By Melinda Jenkins:
Branch Chief, Collection and Enforcement Administration
To validate this certificate, please visit MyTax.DC.gov. On the MyTax DC homepage, click the
“Validate a Certificate of Clean Hands” hyperlink under the Clean Hands section.
1101 Ath Street SW, Suite W270, Washington, DC 20024/Phone: (202)724-S048/MyTax.DCgov
GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE CHIEF FINANCIAL OFFICER
MEMORANDUM
TO: Marsha Robinson
Contracting Officer
Office of Contracting and Procurement
THRU: Delicia V. Moore
Associate Chief Financial Officer
Human Support Services Cluster
FROM: Anthony L. Young
Agency Fiscal Officer
Office of the Chief Financial Officer
DATE: May 4, 2023
SUBJECT: Certification of Funding Availability for Capital Care, Inc.
The Office of the Chief Financial Officer hereby certifies that the sum of $473,157.30 is included in
the District's Local Budget and Financial Plan for Fiscal Year 2023 to fund the costs associated with
the Department on Disability Services’ human care agreement with Capital Care, Inc. This
certification supports the occupancy-related expenses during the period from July 1, 2023, through
September 30, 2023. The total contract value is $1,882,343.19. The fund allocation is as follows:
Vendor: Capital Care, Inc. Human Care Agreement No. CW101192
Fiscal Year: 2023 Funding: July 1, 2023 to September 30, 2023
Agency Fund Program Cost Center Project Account Award Amount
DDS 1060076 700218 70355 000000 7141002 000000 $473,157.30
FY 2024 Contract Total: $473,157.30
Funding of the remaining $1,409,185.89 for FY2024 is contingent upon Congressional Approval of
the District’s FY2024 Budget.
Fiscal Year: 2024 Funding: October 1, 2023 to June 30, 2024
Agency Fund Program Cost Center Project Account Award Amount
DDS TBD TBD TBD TBD TBD TBD $1,409,185.89
FY 2024 Contract Total: $1,409,185.89
Upon approval of the District’s local budget and financial plan by the Council and the Mayor,
and completion of the 30-day Congressional layover, funds will be sufficient to pay for fees and
costs associated with the contract. There is no fiscal impact associated with the contract. Should
you have any questions, please contact me at (202) 299-5665.
GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General
ATTORNEY GENERAL
BRIAN L. SCHWALB
Commercial Division
MEMORANDUM
TO: Tommy Wells
Director
Office of Policy and Legislative Affairs
FROM: Robert Schildkraut
Section Chief
Government Contracts Section
DATE: May 17, 2023
SUBJECT: Approval of Contract Action for Occupancy-Related Residential Expenses
for Person with Developmental Disabilities Receiving Residential
Habilitation or Supported Living
Human Care Agreement Number: CW101192
Contractor: Capital Care, Inc.
Proposed Human Care Agreement Amount: NTE $1,882,343.19
This is to Certify that this Office has reviewed the above-referenced Contract and that we have
found it to be legally sufficient. If you have any questions in this regard, please do not hesitate to
call me at (202) 724-4018.
______________________________
Robert Schildkraut
400 6th Street, NW, Suite 79100, Washington, DC 20001 (202) 727-3400 Fax (202) 347-8922
Government of the District of Columbia
Page of Pages
HUMAN CARE AGREEMENT 1 54
1. HCA Number 2. Date of Award